Tom W. v. Drivers Management
Tom was hit in the head by a stack of boxes as he was attempting to unload his trailer, the force of which knocked him to the ground. He suffered a permanent injury to his neck as a result of this accident and was unable to return to truck driving, nor any other prior employment. The appointed vocational counselor opined that he had suffered a 100% loss of earning capacity as a result of the accident, and the trial judge awarded him permanent total disability benefits. This award was upheld all the way to the Nebraska Supreme Court.
Sandra F. v. Drivers Management
Sandy was trying to pull the pin on her truck in wintry, icy conditions. As she was trying to pull, she slipped on the ice and fell to the ground. She suffered a right shoulder injury in the fall, and her treating doctor also diagnosed her with a right brachial plexus injury and recommended further treatment. Defendant refused to pay for additional treatment and also questioned whether the accident even happened. The judge found that the brachial plexus injury was compensable and awarded future treatment for it, as well as ongoing temporary total disability payments.
Tony B. v. Mapes Industries
Tony suffered an injury to his right shoulder, and the defendant paid his disability benefits while he recuperated, as well as for his medical treatment. However, the defendant refused to sign off on the agreed-upon counselor’s vocational rehabilitation plan and insisted that only job placement was necessary. Tony had immigrated to the U.S. in the 1970s and had worked for the defendant for over 25 years. He had little formal education and limited English-speaking skills. The judge agreed that a formal retraining/education plan would be the most appropriate form of vocational rehabilitation, and ordered the defendant to pay temporary total disability benefits during the plan.
Posted on Fri, September 2, 2011
by Miller Grell Law Group, Nebraska Attorneys filed under